Photo Attorney

May 18, 2009

Update #2: Google Improves Terms for Photography Prize Competition!

As another follow up on the Google Photography Prize Competition, Google has revised its Terms and Conditions at the request of Martin Parr and Magnum Photos. Mr. Parr reported the progress of the changes on Flicker, using the moniker "parrpolygon." While the terms aren't perfect, they are much better.

Previous T&C:
However, by entering the Competition, and to the extent allowed by law, entrant grants Google and its affiliates, licensees, promotional partners, developers and third party marketing entities a non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the Photographs themselves and the content of and elements embodied in the Photographs, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), and specifically for use as an iGoogle theme, in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.

Current T&C:
However, by entering the Competition, and to the extent allowed by law, entrant grants Google and its affiliates, licensees, promotional partners, developers and third party marketing entities ("Permitted Users") a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt the images only to fit the format required for an iGoogle theme, product web pages and marketing materials, and to publish and use the Photographs themselves and the content of and elements embodied in the Photographs, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), specifically for use as an iGoogle theme, in any language, throughout the world, and in any manner, for advertising, promotional, commercial, or any other purposes related to the Google Photography Prize or in iGoogle branded content without further review, notice, approval, consideration, or compensation, provided that after the fifth anniversary of the awarding of the Photography Prize entrant may terminate this agreement with Sponsor by contacting Sponsor in writing, in which event entrant's Photographs and other materials in which entrant has intellectual property rights will no longer be reproduced or used by Permitted Users and will be removed within 30 days after receipt of notice by sponsor, except that Sponsor may continue to use such Photographs and materials in connection with the Photography Prize and the promotion thereof.

Here's a copy with the changes tracked (click to enlarge):


As a result of the changes, one prize includes (once again) "an invite to spend a day with Martin Parr."

Hooray!

Thanks to Paulo Rodrigues for contacting Mr. Parr and to Rodrigues and John Goldsmith for submitting this update.